12(1)If a counterclaim is a counterclaim described in paragraph 10(3)(a), (b) or (c), or if the counterclaim is not otherwise within the jurisdiction of the court, the defendant may commence an action in the Court of King’s Bench.

12(2)If the defendant commences an action in the Court of King’s Bench, the defendant may make an application to transfer the small claims action to the Court of King’s Bench in accordance with section 65.

12(1)If a counterclaim is a counterclaim described in paragraph 10(3)(a), (b) or (c), or if the counterclaim is not otherwise within the jurisdiction of the court, the defendant may commence an action in the Court of Queen’s Bench.

12(2)If the defendant commences an action in the Court of Queen’s Bench, the defendant may make an application to transfer the small claims action to the Court of Queen’s Bench in accordance with section 65.